A couple who decided to have sex atop an outdoor table at a Florida restaurant--in full view of families dining nearby--avoided criminal charges because witnesses declined Monday night to provide statements to police.

Tom Murphy told officers that he approached the couple early Monday evening and told them to stop. But the man, identified by cops as Jeremie Calo, responded, "She can't get up at this time." Calo, 32, was referring to his companion Tiffani Lynn Barganier.

Calo and Barganier, 32, are pictured above.

Murphy told police that he directed Calo to "Compose yourself, pay your tab or I'll call the police." Calo, however, signed his check "NO" and then scuffled with a restaurant employee when he tried to leave without paying.

Murphy and the worker restrained Calo until the arrival of cops, who arrested Calo for defrauding an innkeeper.

But Calo and Barganier dodged charges related to their alleged public lewdness on Paddy Murphy's patio. "The parents of the young children that observed Calo and Barganier having sex declined to write statements regarding their observations," noted police. The report does not further detail why the witnesses opted not to provide statements.

Calo and Barganier were both "trespassed from Paddy Murphy's for a period of one year," reported Officer Anthony Wongshue.